A17.5 Immigration status of children born in New Zealand on or after...

A17.5 Immigration status of children born in New Zealand on or after 1 January 2006 who are determined by the Department of Internal Affairs not to be New Zealand citizens

Immigration Act 1987 s 4A

1. The immigration status of a child born in New Zealand on or after 1 January 2006 where both parents are recorded on their original birth record is as follows:
   1. where both parents were at the time of the birth exempt from the requirement to hold a permit, the child is deemed to be exempt from the requirement to hold a permit on the same basis as, and for the duration of the unexpired period of, the exemption period of the parent whose exemption has the longest unexpired period; or
   2. where one parent only was exempt from the requirement to hold a permit, the child is deemed to be exempt from the requirement to hold a permit on the same basis as, and for the duration of the unexpired period of, that parent’s exemption; or
   3. where both parents held any type of temporary permit, the child is deemed to hold a visitor’s permit of the duration of the unexpired period of the permit of the parent whose temporary permit has the longest unexpired period; or
   4. where one parent only held any type of temporary permit, the child is deemed to hold a visitor’s permit of the duration of the unexpired period of that parent’s temporary permit; or
   5. where both parents held limited purpose permits, the child is deemed to hold a limited purpose permit of the duration of the unexpired period of the permit of the parent whose limited purpose permit has the longest unexpired period; or
   6. where one parent only held a limited purpose permit, the child is deemed to hold a limited purpose permit of the duration of the unexpired period of that parent’s limited purpose permit; or
   7. where both parents were unlawfully in New Zealand, the child is deemed to be unlawfully in New Zealand and to have unlawful status on the same basis and for the same duration as the parent whose unlawful status is of the shortest duration.
2. The immigration status of a child born in New Zealand on or after 1 January 2006 where one parent only is recorded on their original birth record is as follows:
   1. where the parent was at the time of the birth exempt from the requirement to hold a permit, the child is deemed to be exempt from the requirement to hold a permit on the same basis as, and for the duration of the unexpired portion of, the parent’s exemption; or
   2. where the parent held a temporary permit, the child is deemed to hold a visitor’s permit of the duration of the unexpired period of the parent’s temporary permit; or
   3. where the parent held a limited purpose permit, the child is deemed to hold a limited purpose permit of the duration of the unexpired period of the parent’s limited purpose permit; or
   4. where the parent was unlawfully in New Zealand, the child is deemed to be unlawfully in New Zealand on the same basis and for the same duration as the parent’s unlawful status.

A17.5.1 Procedure for making a request for a statement of immigration status of children born in New Zealand on or after 1 January 2006

Immigration Act 1987 s 4A

1. Parents who wish to have a statement of their child’s immigration status may request a letter regarding that status on the form Request for Statement of Immigration Status of child born in New Zealand on or after 1 January 2006.
2. People making such a request should supply the following documents:
   1. the child’s New Zealand birth certificate; and
   2. evidence of the immigration status of the parent(s) at the time of the child’s birth in New Zealand; and
   3. the child’s current passport or travel document (if the child has one); or
   4. the parent’s passport or travel document if the child is endorsed in their parent’s passport.
3. The child’s immigration status will be determined as per A17.5.
4. No fee is required for the provision of the statement of immigration status.

Effective 01/01/2006